Two fashion startups argue over which one is the most fabulous.
This legal battle is absolutely fabulous!
Just Fabulous, the company behind online fashion site JustFab.com, has sued white-hot e-commerce site Fab.com. Just Fabulous claims that Fab.com is infringing its Just Fab marks.
The two sites are heavyweights. JustFab.com has raised over $100 million. Fab.com has raised over $300 million.
Fab.com started as a social networking site, but later changed directions and acquired the domain name Fab.com.
Just Fab alleges:
Just Fab is informed and believes, and on that basis avers, that in adopting the FAB mark for its website, Fab.com intended to appropriate and trade off Just Fab’s goodwill, and the reputation and selling power of its JUST FAB marks, including by capturing initial consumer attention and the resulting marketplace confusion.
The company is not asking for the Fab.com domain name, but wants Fab.com to be restricted from selling any sort of clothing or accessories “under or in connection with any trade name, trademark, service mark, Internet domain name or other designation of origin that is comprised in whole or in part, of the JUST FAB or JustFab.com marks or names, or any terms, designs or styles confusingly similar thereto;”
In other words – you can sell these products, but not on Fab.com.
You can review the lawsuit here (pdf).